H.B. 85

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VOTING RECOUNT AMENDMENTS

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2013 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Craig Hall

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Senate Sponsor:
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LONG TITLE
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General Description:
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This bill amends the Election Code by changing the formula for determining when a
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voting recount may be requested.
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Highlighted Provisions:
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This bill:
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. changes the formula for determining when a voting recount may be requested; and
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. makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-4-401, as last amended by Laws of Utah 2007, Chapter 329
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-4-401
is amended to read:
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20A-4-401. Recounts -- Procedure.
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(1) (a) [(i) For any regular primary, regular general, or municipal general election, or
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the Western States Presidential primary, when any candidate loses by not more than a total of

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one vote per voting precinct, the] For a race between candidates, if the difference between the
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number of votes cast for the candidate who receives the highest number of votes in the race and
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another candidate in the race is equal to or less than .25% of the total number of votes cast for
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all candidates in the race, that other candidate may file a request for a recount:
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(i) for a municipal primary election, with the municipal clerk, within three days after
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the canvass; or
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(ii) for all other elections, within seven days after the canvass with:
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(A) the municipal clerk, if the election is a municipal general election;
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(B) the local district clerk, if the election is a local district election;
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(C) the county clerk, for races [or ballot propositions] voted on entirely within a single
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county; or
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(D) the lieutenant governor, for statewide races and [ballot propositions and for]
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multicounty races [and ballot propositions].
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[(ii) For any municipal primary election, when any candidate loses by not more than a
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total of one vote per voting precinct, the candidate may file a request for a recount with the
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appropriate election officer within three days after the canvass.]
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(b) The election officer shall:
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(i) supervise the recount;
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(ii) recount all ballots cast for that [office] race;
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(iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
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3, Absentee Voting; and
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(iv) declare elected the person receiving the highest number of votes on the recount.
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(2) (a) [Any] For a ballot proposition or a bond proposition, if the proposition passes or
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fails by a margin that is equal to or less than .25% of the total votes cast for or against the
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proposition, any 10 voters who voted in [an election when any ballot proposition or bond] the
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election where the proposition was on the ballot may file a request for a recount [with the
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appropriate election officer] within seven days of the canvass[.] with:
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(i) the municipal clerk, if the election is a municipal election;
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(ii) the local district clerk, if the election is a local district election;
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(iii) the county clerk, for propositions voted on entirely within a single county; or
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(iv) the lieutenant governor, for statewide propositions and multicounty propositions.

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(b) The election officer shall:
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(i) supervise the recount;
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(ii) recount all ballots cast for that ballot proposition or bond proposition;
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(iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
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3, Absentee Voting; and
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(iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
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based upon the results of the recount.
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(c) Proponents and opponents of the ballot proposition or bond proposition may
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designate representatives to witness the recount.
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(d) The voters requesting the recount shall pay the costs of the recount.
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(3) Costs incurred by recount under Subsection (1) may not be assessed against the
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person requesting the recount.
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(4) (a) Upon completion of the recount, the election officer shall immediately convene
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the board of canvassers.
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(b) The board of canvassers shall:
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(i) canvass the election returns for the race or proposition that was the subject of the
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recount; and
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(ii) with the assistance of the election officer, prepare and sign the report required by
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Section
20A-4-304
or Section
20A-4-306
.
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(c) If the recount is for a statewide or multicounty race or for a statewide proposition,
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the board of county canvassers shall prepare and transmit a separate report to the lieutenant
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governor as required by Subsection
20A-4-304
(3).
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(d) The canvassers' report prepared as provided in this Subsection (4) is the official
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result of the race or proposition that is the subject of the recount.